Fairness at Trial The Impact of Procedural Justice and Other Experiential Factors on Criminal Defendants’ Perceptions of Court Legitimacy in Poland

• Published in: Law & social inquiry Vol. 44; no. 2; pp. 359 - 390
• Main Authors: Burdziej, Stanislaw, Guzik, Keith, Pilitowski, Bartosz
• Format: Journal Article
• Language: English
• Published: Cambridge Wiley 01.05.2019; Cambridge University Press
• Subjects: Citizens; Courts; Criminal justice; Defendants; Fairness; Judiciary; Legal institutions; Legitimacy; Political development; Political institutions; Political transition; Primacy; Procedural justice; Rule of law; Rules; Poland
• ISSN: 0897-6546; 1747-4469; 1545-696X
• DOI: 10.1111/lsi.12358

A large body of research supports the procedural justice hypothesis that quality of treatment matters more than outcomes for institutional legitimacy. How fairness matters across legal institutions and geographic settings remains an open question, however. This article uses a survey of criminal defendants to test the factors associated with perceived legitimacy of courts in Poland, a country whose judiciary is currently subject to intense political contestation. The findings confirm the primacy of procedural justice, while also illustrating the influence of instrumental performance factors such as time and court organization. This suggests that in contexts of political transition with disputed legal institutions, citizens’ contact with procedurally fair, operationally efficient institutions can support the legitimacy of authorities and strengthen the rule of law.